Proving domicile when not living in the U.S.

[canadavisa22 202]

14 minutes ago, mizzem said:

 

Yup, of course. And hopefully the comment from before helps others reading this forum. Your options are listed out for you and you can decide which route to take. 

 

We are personally staying together until the interview as we have a young daughter, so we'll be a good test case for others and I'll report back once I'm at that stage. Still need DQ (hopefully soon) and then another 5 months till the interview at least.

Edited December 18, 2019 by canadavisa22

[mizzem 144]

4 minutes ago, canadavisa22 said:

Yup, of course. And hopefully the comment from before helps others reading this forum. Your options are listed out for you and you can decide which route to take. 

 

We are personally staying together until the interview as we have a young daughter, so we'll be a good test case for others and I'll report back once I'm at that stage. Still need DQ (hopefully soon) and then another 5 months till the interview at least.

I appreciate all the replies I've gotten here. There's so much to consider during this process it's a bit overwhelming at times. I feel like we are basically starting over in our lives as we've lived here together for many years and for us to have to sell our house and other things and buy a new house and start fresh is huge. I was happy to find this website it has helped a lot with answering questions that we can't find answers for. Good luck to you and your family.

[gad33 47]

On 12/18/2019 at 5:55 AM, canadavisa22 said:

We are personally staying together until the interview as we have a young daughter, so we'll be a good test case for others and I'll report back once I'm at that stage.

I'm not sure why you say your's will be a test case, there have been many, many people on this thread who have stayed together and not moved until visa has been issued. This thread is to help applicants ensure they have all the documentation to , hopefully, have the visa issued at time of interview.

[canadavisa22 202]

51 minutes ago, gad33 said:

I'm not sure why you say your's will be a test case, there have been many, many people on this thread who have stayed together and not moved until visa has been issued. This thread is to help applicants ensure they have all the documentation to , hopefully, have the visa issued at time of interview.

Because since I've been in this thread most people have said that you need to move to the US ahead of your spouse and re-establish domicile. I've been speaking with people that have recently gone to interviews and been approved with just a lease while living with their spouse. So, while I agree with you, I'm just stating it that way since it's been awhile (at least in this thread) that anyone has reported that they've been approved with just a lease. So I'll follow up when the time comes and let people know how it goes.

 

But, yes, perhaps "test case" is the wrong phrasing. It's just not been a very active thread since I've been in it the last 6+ months or so and I know it's not the common case for those moving to the US.

Edited December 20, 2019 by canadavisa22

[gad33 47]

On 12/20/2019 at 11:51 AM, canadavisa22 said:

Because since I've been in this thread most people have said that you need to move to the US ahead of your spouse and re-establish domicile. I've been speaking with people that have recently gone to interviews and been approved with just a lease while living with their spouse. So, while I agree with you, I'm just stating it that way since it's been awhile (at least in this thread) that anyone has reported that they've been approved with just a lease. So I'll follow up when the time comes and let people know how it goes.

 

But, yes, perhaps "test case" is the wrong phrasing. It's just not been a very active thread since I've been in it the last 6+ months or so and I know it's not the common case for those moving to the US.

A test case means the first one to do it which is certainly not the case going by the size of this thread. I have also noticed lately that  number of posts saying you have to move back to the US and re-establish domicile. I have also noticed that these posts are from people who do not live in Canada and/or are not going through the process. So consideration has to be given to the knowledge of the poster.

 

I do hope that once you have your visa you stay on the boards to advise those that follow.

[FeelingYoung66 14]

removed by author

Edited January 4, 2020 by FeelingYoung66

[tmac99 31]

Hi all,

 

I am pretty early in the process. My wife sponsored me in October 2019. However, we both live together. We aren't even considering moving to the States till I get my Greencard. Her parents live in the States, so we are going to sign a rental agreement with them, and show US bank accounts, moving quote and potentially a school registration application. I am really hoping that is enough. For the affidavit of support, we are going to use our house in Canada for the proof of assets as we will sell it when we move down and it meets the 5x hurdle. That said, I don't really like the idea of my wife and children (american as well through CRBA). 

 

That said, I am worried if I go through this entire process if domicile won't be reached. I understand the consular in Montreal is very picky on this (per the forum). 

Edited January 8, 2020 by tmac99

[Boiler 45,733]

You might have an issue using the House, have a Joint Sponsor ready just in case.

 

The rest you seem to know about.

[mizzem 144]

1 hour ago, Boiler said:

You might have an issue using the House, have a Joint Sponsor ready just in case.

 

The rest you seem to know about.

Our house is one of the things we were also going to use as part of our assets. Why would someone have a hard time including it if it’s paid for?

[Boiler 45,733]

27 minutes ago, mizzem said:

Our house is one of the things we were also going to use as part of our assets. Why would someone have a hard time including it if it’s paid for?

Well presumably you are living in it and it is not an investment property. Also the issue of easily realisable can come.up.

[mizzem 144]

What do you mean by easily realisable?

[Boiler 45,733]

Convertible to cash.

[mizzem 144]

Got it...thanks!

[ClemsonC 62]

I’m copy and pasting this from a post I made, and it’s probably better to on this thread as it’s about domicile  

 

 

Our four year old son has autism, and with no family to have support from within 20 hours drive - it’s a scary thought to have to live apart for some time if it comes to it with no other support.

 

I know we hope to move in a couple years and have time to think things further (if my husband will move ahead of time), but if he does stay in NS until the interview then hopefully this would be enough proof, if he moves with time after my interview:

-Letter of his intent to move 

- Letter from his employer stating transfer from Canadian plant to the plant in South Carolina (it’s informally quitting but he still keeps seniority as it’s the same company, but different plant)

- Buying a house down south and closing on it just before the interview and paying two mortgages

- Documents from using VA home loan since you can only use it if the home is your primary residence or will be your primary residence 

- Emails between Realtor about getting our home on the market after visa is in hand (as the consulate says not to sell until that happens)

- Proof of BOA bank account and credit card my husband has had for 20+ years
-Contract with PODS to show we will move our belongings shortly after interview 

[n86 1]

Hello,

 

I'd like to share my situation and hear some thoughts from you guys.

 

I'm US Green Card holder since 2015 and have filed I-130 for my wife in August 2018 which got approved in November 2019. We are currently at the NVC stage, we have submitted all the documentation and waiting for DQ, interview will be in Montreal. At the NVC documentation stage we’ve submitted all the US Tax, W2 as well as US driving license as proof of US domicile. My wife and I have been living on and off between Seattle and Vancouver for the past 2 years. Since I’m a green card holder I’m aware of the physical presence requirements, so I’ve tried to respect that as much as I could. Now we’ve decided to move together temporarily in Toronto, at least until we would get the interview. I am travelling to US every ~3months for a week or so. According to my lawyer that should be enough in the near term to maintain my Green Card status (avoiding staying +6mo outside US basically). Now I understand that it may be more challenging to proof US domicile since I relocated and am working for the same company but in Toronto (paystubs from now on would be in CAD). I still have all US banks, credit cards and driving license active, and will have until the time of the interview. I am technically still on my previous lease in Seattle, at least until June 2020. We have a lawyer following our case but still would like to hear second thoughts about the time of interview:

• Would be enough to show a lease staying with my wife’s sister who lives in the Bay Area? or a continuation of my current lease in Seattle?
• Would be enough to show a letter from my company stating the intent to relocate me? Or would it be necessary to have an official offer letter?
• Would they actually look at the border crossings to verify my activity in US (like when was last time I came, how long I stayed, etc)?

We would really prefer to not have me physically relocate me before the interview, since we want to make sure she will be able to be granted a visa first. To complicate things, my wife has an Iranian passport, and it's a bit unclear how the Trump/Travel ban will affect this. Since she's also a Canadian PR holder, it sounds like they may be able to grant visa through waiver, but I can't really bet on it.

 

Thanks in advance

Edited January 30, 2020 by nazgul86